This Privacy Policy (the “Policy”) is issued by Profitonium Apps (“Company”, “we”, “us”, or “our”) and governs the collection, use, storage, and disclosure of data obtained via the Shopify application known as Custom Cursor Studio (the “App”). By accessing or using the App, you (the “User” or “you”) expressly consent to the terms and conditions set forth herein. This Policy is intended to comply with and uphold the principles of data protection, including but not limited to the General Data Protection Regulation (GDPR).

1. Definitions and Interpretation

1.1 Definitions:

• “Personal Data” refers to any information relating to an identified or identifiable natural person as provided by Shopify and as may be further processed by us.

• “Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, such as collection, recording, organization, storage, retrieval, consultation, use, disclosure, and deletion.

• “Third Party” shall mean any entity other than the User and the Company, including service providers and partners involved in the provision and operation of the App.

1.2 Interpretation:
Terms used herein shall be construed in accordance with their plain meaning and in the context of prevailing legal standards, unless otherwise expressly defined.

2. Information Collection

2.1 Automated Data Collection:
The App integrates with Shopify APIs and, as such, automatically receives and processes data provided directly by Shopify. This data, hereinafter referred to as “Shopify Data,” is collected without any additional mechanisms beyond those inherently available via the Shopify platform. No supplementary or “special” data is gathered outside the scope of what Shopify provisions.

2.2 Scope of Data:
The Shopify Data may include, but is not limited to, contact details, transactional information, and usage metrics. This information is deemed essential for the proper functioning, security, and performance of the App.

3. Utilization of Collected Data

3.1 Primary Purposes:
The data collected is used solely for:

• Enhancing and optimizing the User experience.

• Ensuring the operational integrity of the App by identifying and remedying errors (“bug elimination”) and performance issues.

• Conducting analytical assessments to support continuous improvement and innovation within the App’s functionality.

3.2 No Unwarranted Dissemination:
The Company does not sell or otherwise inappropriately disclose Personal Data. Data sharing is strictly limited to integrations with select third-party analytics and diagnostic tools as delineated below.

4. Third-Party Technologies and Analytics

4.1 Authorized Third-Party Services:
To facilitate performance monitoring and error diagnostics, we engage with reputable third-party service providers, including but not limited to:

• Microsoft Clarity and Bugsnag: Utilized for sophisticated behavioral analytics and real-time error tracking.

• Analytics Providers (e.g., Posthog, Mixpanel): Employed for aggregated data analysis and performance evaluation.

4.2 Third-Party Obligations:
Such third parties are contractually bound to use the Shopify Data exclusively for the purposes of servicing the App and are required to implement adequate safeguards to ensure data protection in line with industry best practices.

5. Data Security Measures

5.1 State-of-the-Art Protection:
The Company employs state-of-the-art encryption protocols and other industry-standard security measures to safeguard all data processed through the App. This includes both in-transit and at-rest encryption methodologies designed to mitigate risks of unauthorized access, alteration, or disclosure.

5.2 Security Audits and Monitoring:
Regular security audits are performed to ensure the robustness of our systems, and continuous monitoring is implemented to detect and promptly address any vulnerabilities.

6. Data Retention and Deletion Policies

6.1 Retention Period:
The retention of Shopify Data is strictly governed by the operational requirements of the App and by applicable legal and regulatory mandates. Data shall be maintained only for the duration necessary to fulfill the purposes outlined in this Policy or as required by law.

6.2 Deletion Protocols:
In accordance with User rights and upon receiving a valid deletion request via Shopify webhooks, the Company shall expeditiously erase the relevant data from our systems. Such deletion shall be executed in a manner that ensures the data is rendered irretrievable.

7. User Rights and GDPR Compliance

7.1 User Rights:
Users are entitled to exercise their rights under applicable data protection laws, including but not limited to:

• The right to access and obtain a copy of their Personal Data.

• The right to rectify any inaccuracies in the data.

• The right to request deletion of their Personal Data.

• The right to object to or restrict certain processing activities.

7.2 Compliance with GDPR:
The Company affirms its commitment to GDPR compliance and shall ensure that all processing of Personal Data is conducted in accordance with the regulation’s mandates, including ensuring lawful bases for processing and providing clear avenues for User redress.

8. Limitations, Disclaimers, and Indemnification

8.1 Limitation of Liability:
The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the use of the App. Notwithstanding the foregoing, our liability shall be limited to the fullest extent permitted by applicable law.

8.2 Disclaimer:
The App is provided on an “as is” and “as available” basis. While we endeavor to maintain the highest level of security and functionality, we do not guarantee that the App will be error-free or uninterrupted.

8.3 Indemnification:
Users agree to indemnify, defend, and hold harmless Profitonium Apps and its affiliates from and against any claims, damages, losses, liabilities, and expenses arising out of or in connection with their use of the App, including any breach of this Policy.

9. Governing Law and Jurisdiction

9.1 Governing Law:
This Policy shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is established, without regard to its conflict of law provisions.

9.2 Jurisdiction:
Any disputes arising under or in connection with this Policy shall be subject to the exclusive jurisdiction of the competent courts in the Company’s principal place of business.

10. Amendments and Updates

10.1 Right to Amend:
The Company reserves the right to modify or amend this Policy at any time, in its sole discretion. Any material changes will be communicated via appropriate channels, and the “Effective Date” will be updated accordingly.

10.2 Continued Use:
Continued use of the App following the posting of any changes to this Policy constitutes acceptance of those changes.

11. Contact Information

Should you have any inquiries, concerns, or requests regarding this Privacy Policy or the handling of your Personal Data, please contact us at:

Profitonium Apps
Email: hello@profitoniumapps.com
 

By utilizing Custom Cursor Studio, you expressly acknowledge and agree to the terms and conditions contained within this Privacy Policy. If you do not consent to these terms, you are advised to cease using the App immediately.